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Lokoja---His Lordship, Hon. Justice Z. M. Bashir of the National Industrial Court of Nigeria, Lokoja Judicial Division on Wednesday 27th June 2018 in a Judgment declared indefinite suspension of MUSA B. OHINE which has lasted for one year without payment of salary as wrongful not in accordance with the Public Service Rules, the court ordered the government of Kogi State to pay all arrears of salaries and allowances due to the claimant before and during the period of the illegal and wrongful suspension of the Claimant.
The suit was commenced by way of Originating Summons filed on 8th of December, 2017. The Claimant sought against the defendant among others; A declaration that the purported indefinite suspension of the claimant which has lasted over one year and continuing, without payment of salary is contrary to the terms and conditions regulating his appointment with the 1st defendant and consequently amounts to a wrongful determination of his appointment.
Also An order directing the defendants to re-call and re-instate the claimant into his post and position as Director Accounts with full payment of his salary and other entitlements, until his due time of voluntary retirement from service.
Likewise An order directing the defendants to pay all arrears of salaries and allowances due to the claimant before and during the period of the illegal and wrongful suspension, i.e. from 21st October, 2016 till the carrying out the order of the Court.
Counsel to the claimant Funso Agbanah Esq further submitted that no prima facie case was established against the claimant before the suspension while establishing a prima facie case in the PSR is a condition precedent to exercising the power to suspend and it connotes the person to be disciplined with some facts of the allegations against him and affording him an opportunity to re-act to the allegations.
Counsel contended that the action of the defendants in suspending the claimant was, therefore, not in consonance with the statutory provision of (PSR 030406) and that it is trite that a right to fair hearing is a fundamental Constitutional right guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), A breach of which renders the process null and void.
In reaction, learned Counsel to the Defendants, Austin Oboni, posited that by virtue of the provisions of the Public Service Rules, the State Civil Service Commission Has the right to suspend such an officer in the public interest pending investigation into the misconduct once a prima facie case, the nature of which is serious has been established against an officer.
Learned counsel further argued that the issue of public interest is also key in this matter as the claimant is said to have embezzled the sum of one hundred and fifty five million naira (₦155,000,000.00) only, an amount that is meant to be used in paying workers’ salaries amongst other things in this period that workers are not being paid for lack of funds
Counsel concluded by urging the court to hold that the suspension of the claimant was lawful and it is in the interest of the public.
After reviewing the argument, affidavits, processes filed and the submissions of learned Counsel for both parties, the Court Presided by Hon. Justice Z. M. Bashir expressed thus;
“I have painstakingly taken the queue behind the reference to the said part of the Guideline, the body responsible for the suspension must conduct the investigation within a period of three months. Even if investigation is not conducted, the suspension should not be beyond three months unless same is extended by the permission of the Civil Service Commission.
“There is also no evidence that a criminal case has been established against the Claimant in court which may have warranted the suspension to last for more than three months beyond the powers of the Defendants.
“Consequent upon the above authority, I find that the suspension of the Claimant by the Defendant which lasted over one year, is not in accordance with the Public Service Rules and Guideline on Appointment, Promotion and Discipline of the Federal Civil Service Commission and I therefore resolve issue one in favour of the Claimant.
“Issue two is therefore resolved in favour of the Defendants to the effect that in view of the circumstances of this case and the provision of the Public Service Rules, the suspension of the Claimant does not amount to termination of employment.
“Therefore relief four is granted to the effect that this court makes an Order directing the defendants to pay all arrears of salaries and allowances due to the claimant before and during the period of the illegal and wrongful suspension of the Claimant.
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